Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
New York Attorney General Eric Schneiderman To Sue Wells Fargo & Bank Of America For Violating National Mortgage Settlement...more
FRAUD, NOT MISTAKES AND ERRORS, HAVE PERMEATED THE FORECLOSURE PROCESS IN AMERICA When judges begin ordering the accounting and financial books and records of the alleged owner of a borrower’s note to be produced, not...more
For several months, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) has implemented a spate of enforcement actions against banks and non-banks. My interest in this article is neither to re-litigate those cases...more
Senator Elizabeth Warren and Representative Elijah Cummings to Meet with Fed and OCC on Foreclosure Abuses Washington, D.C. March 25, 2013 Senator Elizabeth Warren (D-MA) and Rep. Elijah E. Cummings (D-MD) sent a...more
Court of Appeal affirmed trial court's determination that making a loan based on a false promise to repay amounted to theft by false pretense, and Penal Code 496 therefore applied, entitling the victim to recover treble...more
House Oversight Committee Requests Briefing on Potential Independent Foreclosure Review Process Settlement Washington, DC (Jan. 5, 2013) The Chairman and Ranking Member of the House Committee on Oversight and...more
STATE OF MICHIGAN ATTORNEY GENERAL BILL SCHUETTE FILES CRIMINAL CHARGES AGAINST FORMER MORTGAGE PROCESSOR PRESIDENT FOR ROLE IN FRAUDULENT...more
Lorraine Brown established and orchestrated a widespread scheme of robo-signing and was associated with an enterprise, to wit DOCX. ...more
The Consumer Financial Protection Bureau (CFPB), in coordination with the Federal Trade Commission (FTC), has issued warning letters to twelve mortgage lenders and mortgage brokers advising them to remove or revise misleading...more
FOR IMMEDIATE RELEASE http://www.justice.gov/opa/pr/2012/November/12-crm-1400.html Tuesday, November 20, 2012 Former Executive at Florida-Based Lender Processing Services Inc. Admits Role in Mortgage-Related Document...more
On October 31, 2012, the CFPB issued its first issue of Supervisory Highlights: Fall 2012, a newsletter to the public and the financial services industry about its examination program, including the concerns that it finds...more
On September 18, 2012 FinCEN held an Informational Webinar regarding the new FinCEN Suspicious Activity Report (SAR). The corresponding, full PowerPoint presentation of the recorded version of this Webinar is available...more
Manhattan U.S. Attorney Sues Bank Of America For Over $1 Billion For Multi-Year Mortgage Fraud Against Government Sponsored Entities Fannie Mae And Freddie Mac FOR IMMEDIATE RELEASE Wednesday, October 24, 2012 After...more
Homeowner Complaint Summary: I am a victim of fraud and I am attaching pdf files which includes an Assignment of a Deed of Trust that was recorded with the Los Angeles Register Recorders office on August 29, 2011 under...more
Barry Fagan Launches Administrative Counter Attack http://livinglies.wordpress.com/2012/10/11/barry-fagan-launches-administrative-counter-attack/ Posted on October 11, 2012 by Neil Garfield Editor’s Comment: Barry...more
CALIFORNIA ATTORNEY GENERAL COMPLAINT CALIFORNIA SENATE BILL NO. 1474 RE: CONVENING GRAND JURY FOR MORTGAGE FRAUD Barry S Fagan 20475 Roca Chica Dr. Malibu, California 90265 Complaint Against: Wells Fargo Bank,...more
On August 16, 2012, the Financial Crimes Enforcement Network (FinCEN) issued an Advisory to highlight activity related to mortgage loan fraud, especially as it pertains to Residential Mortgage Lenders and Originators (RMLOs)....more
Published on the National Business Institute Continuing Legal Education (CLE) website as an installment in Michael Kaiser's Animal-Law blog. http://cleblog.nbi-sems.com/2012/02/who-gets-the-pet-in-a-divorce/...more
A new era in filing requirements is about to begin. For the first time, the Financial Crimes Enforcement Network, known as “FinCEN,” will require nonbank mortgage lenders and originators to implement an Anti-Money Laundering...more
Recently, I met with several accomplished compliance professionals for lunch. There was considerable discussion about the continuing growth of the regulatory frameworks, the bureaucracies to maintain them, and economic burden...more
When is a breach of contract also fraud? When the party never intended to perform. So how do you get into the mind of the defendant to determine if he intended to perform when he signed the agreement? Thankfully,...more
Barry Fagan Presses Harder On Wells Fargo http://livinglies.wordpress.com/2012/02/13/barry-fagan-presses-harder-on-wells-fargo/ Posted on February 13, 2012 by Neil Garfield Barry Fagan v Wells Fargo Bank re:...more
Qui tam claims by whistleblowers or relators are most commonly brought under the federal False Claims Act for 15-30% of whatever funds the Government recoups from Medicare fraud as an example. Yet, some states have legislated...more
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